Return to Full Board Agendas

Full Board Agendas

Board of Supervisors
City and County of San Francisco

Legislative Chamber - Second Floor
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

AGENDA
Tuesday, March 25, 2003
2:00 PM

Regular Meeting

MATT GONZALEZ, PRESIDENT
TOM AMMIANO, CHRIS DALY, BEVAN DUFTY, TONY HALL,
FIONA MA, SOPHIE MAXWELL, JAKE McGOLDRICK,
GAVIN NEWSOM, AARON PESKIN, GERARDO SANDOVAL
Gloria L. Young, Clerk of the Board

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

AGENDA CHANGES

COMMUNICATIONS

Note: Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget Analyst report
3) Legislative Analyst report
4) Department or Agency cover letter and/or report
5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk.

CONSENT AGENDA

All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

Items 1 through 3

Recommendations of the Rules Committee

Present: Supervisors Hall, Gonzalez

1. 030249 [Settlement of Lawsuit - Paul T. Hare]
Ordinance authorizing settlement of the lawsuit filed by Paul T. Hare against the City and County of San Francisco for $125,000.00; the lawsuit was filed on January 28, 2002 in San Francisco Superior Court, Case No. 403-930; entitled Paul T. Hare v. City and County of San Francisco. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

2. 030323 [Settlement of Lawsuit - Stephen Sofos]
Ordinance authorizing settlement of the lawsuit filed by Stephen Sofos against the City and County of San Francisco for $55,000; the lawsuit was filed on December 20, 2001 in San Francisco Superior Court, Case No. C-01-402658 entitled Stephen Sofos v. City and County of San Francisco, Terry Webster, James Sandridge, Jimmy Parrish, Horace Landers, Juvenal Villareal, et al. (City Attorney)

(Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

3. 030257 [Appointment]
Resolution appointing Larry Costello, Bonnie Fisher, Carolyn Blair, Milton Marks III, Michael Sullivan, Juan Carrasco, and Diana Cohen terms ending April 5, 2005 to the Urban Forestry Council.

Larry Costello, new appointment, seat 1, must be a representative of the University of California Cooperative Extension or a representative of another educational organization involved with tree management, for a two-year term ending April 5, 2005;
Bonnie Fisher, new appointment, seat 2, must be a representative of the tree management profession, for a two-year term ending April 5, 2005;
Carolyn Blair, new appointment, seat 3, must be a representative of non-profit organizations involved in urban forestry or other environmentally-related issues, for a two-year term ending April 5, 2005;
Milton Marks III, new appointment, seat 4, must be a representative of non-profit organizations involved in urban forestry or other environmentally-related issues, for a two-year term ending April 5, 2005;
Michael Sullivan, new appointment, seat 6, must be a representative of the community, for a two-year term ending April 5, 2005;
Juan Carrasco, new appointment, seat 7, must be a representative of the community, for a two-year term ending April 5, 2005;
Diana Cohen, new appointment, seat 8, must be a representative of the community, for a two-year term ending April 5, 2005.

Question: Shall this Resolution be ADOPTED?

Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________

REGULAR AGENDA

UNFINISHED BUSINESS

Vetoed by the Mayor

Consideration of Mayor's Veto
Consideration to override veto pursuant to Charter Section 2.106 of Ordinance appropriating funding for the investigation and litigation of Tutor-Saliba Construction (File 030132).
NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or opposition to the veto override.

4. 030132 [Funding for the investigation and litigation against Tutor-Saliba Construction] Supervisors Peskin, Daly, Ammiano, Gonzalez, McGoldrick, Maxwell
Ordinance appropriating, retroactive to July 1, 2002, $2,500,000 of Airport fund balance for investigation and litigation expense by the City Attorney against Tutor-Saliba Construction for fiscal year 2002-03.

(Fiscal impact.)

2/18/2003, PASSED ON FIRST READING. Supervisors Ammiano, Gonzalez, McGoldrick and Maxwell requested to be added as co-sponsors.

2/25/2003, FINALLY PASSED.

Action:___________________________

From the Clerk

(Only one of the following two motions should be adopted.)

5. 030254 [Appeal, Conditional Use - 1193 Oak Street]
Motion approving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

3/4/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Motion be ADOPTED?

6. 030255 [Appeal, Conditional Use - 1193 Oak Street]
Motion disapproving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)

3/4/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Motion be ADOPTED?

7. 030256 [Findings - 1193 Oak Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2002.1007C, on property located 1193 Oak Street, for action by the Board at its next meeting. (Clerk of the Board)

3/4/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Motion be ADOPTED?

Recommendation of the Budget Committee

Present: Supervisors Daly, Peskin, Gonzalez

8. 030095 [Recreation and Parks -- Fees] Mayor
Ordinance making environmental findings and amending the San Francisco Park Code by amending Sections 7.16 and 7.18 to require a cleaning deposit and reimbursement for costs for the use of park facilities; amending Sections 12.05, 12.07, 12.20, and adding Sections 12.21, 12.22, 12.23, 12.24, 12.25, 12.26, 12.27 to increase the fees charged for the use of Recreation and Park facilities for weddings, events, picnics, photography and filming, encroachment, for parking on the Golden Gate Park Concourse and for classes at the Sharon Arts Studio; and adding Section 12.28 authorizing the Recreation and Park Commission to develop policies and procedures to allow the General Manager to reduce or waive fees in the case of demonstrated financial hardship. (Mayor)

3/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

9. 021997 [Authorizing the transfer of Institutional Police from the Department of Public Health to the Sheriff] Supervisors Peskin, Dufty, Ma, Newsom, Gonzalez, Maxwell
Ordinance amending the Administrative Code by adding a new Section 1.59 to authorize the transfer of the Institutional Police Department from the Department of Public Health to the Sheriff.

(Fiscal impact.)

3/18/2003, PASSED ON FIRST READING. Supervisors Gonzalez and Maxwell requested to be added as co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

10. 030224 [Appropriation - Assessor-Recorder's Office] Supervisors Dufty, Gonzalez
Ordinance appropriating $349,671 in surplus recording fees and re-appropriating $194,128 in equipment, materials and supplies and professional services for a total of $543,799 to cover shortfalls in salaries and services of other departments and for temporary salaries and fringes to address the backlog of deed processing, appraisals, permits, appeals in the Assessor-Recorder's Office for fiscal year 2002-03, placing $40,790 on reserve by the Finance and Audit Committee.

(Fiscal impact; No Public Benefit Recipient.)

3/18/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Gonzalez requested to be added as a co-sponsor.

3/18/2003, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Land Use Committee

Present: Supervisors McGoldrick, Maxwell, Ammiano

11. 021772 [Conditional Use Revocation] Supervisors Gonzalez, Dufty, Hall, Peskin, Ma, McGoldrick
Ordinance amending the San Francisco Planning Code by amending Section 303 to provide for the revocation of a conditional use authorization upon a finding that the applicant provided false information in obtaining the conditional use; adopting findings under Planning Code Section 302.

3/18/2003, PASSED ON FIRST READING. Supervisors Dufty, Hall, Peskin, Ma and McGoldrick requested to be added as a co-sponsors.

Question: Shall this Ordinance be FINALLY PASSED?

12. 030081 [Parking Regulations, Blanken Avenue] Supervisor Gonzalez
Ordinance deleting Section 28.5.5 of the San Francisco Traffic Code restricting certain vehicles over 6,000 pounds on Blanken Avenue between Bayshore Boulevard and Tunnel Avenue. (Parking and Traffic Department)

3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

13. 030097 [Designate the 1338 Filbert Street Cottages as a Landmark] Supervisors Peskin, Daly, Ammiano, Gonzalez, Sandoval, McGoldrick, Hall, Maxwell
Ordinance amending Planning Code Article 10 to designate the 1338 Filbert Street Cottages, Lots 31, 32, 33 and 34 in Assessor's Block 524, as Landmark No. 232.

3/4/2003, PASSED ON FIRST READING.

3/18/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

3/18/2003, PASSED ON FIRST READING AS AMENDED.

Question: Shall this Ordinance be FINALLY PASSED?

14. 030099 [Extending annual condominium conversion limitation] Supervisors McGoldrick, Hall
Ordinance amending the San Francisco Subdivision Code Article 9, Section 1396 to extend the annual condominium conversion limitation for two additional years and providing for the conversion of specified buildings where a property owner submitted a subdivision application on or before January 21, 2003.

2/4/03 in Board: Supervisor McGoldrick submitted a substitute ordinance bearing new title.

3/18/2003, PASSED ON FIRST READING. Supervisor Hall requested to be added as a co-sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

15. 030155 [1250 Haight Street - Special Use District to create Haight Street Senior Affordable Housing] Supervisor Gonzalez
Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create a Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

(Companion measure to Files 030155, 030156, 030157, 030158; Planning Resolution Nos. 16500 and 16501 adopting all four proposed Planning Code and Zoning Map amendments (Reclassification Application No. 2002.0451CTZ on December 19, 2002; Motion No. 16502 approving Conditional Use Application No. 2002.0451CTZ on December 19, 2002; Certificate of Determination/Exclusion from CEQA Environmental Review dated September 10, 2002; No Public Benefit Recipient.)
(2/18/03 in Board: Supervisor Gonzalez submitted a substitute ordinance bearing same title.)

2/18/2003, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

16. 030156 [1250 Haight Street - Special Use District to create Special Height Exception for the Haight Street Senior Affordable Housing] Supervisor Gonzalez
Ordinance amending the San Francisco Planning Code by adding Section 263.16 to create a special height control for the Haight Street Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

17. 030157 [1250 Haight Street - Zoning Map Change from RM-1 to RM-1 and Haight Street Senior Affordable Housing SUD] Supervisor Gonzalez
Ordinance amending the Zoning Map of the City and County of San Francisco for change in property use classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from an RM-1 (Residential, Mixed, Low Density) District to an RM-1 (Residential, Mixed, Low Density) District and the Haight Street Senior Affordable Housing Special Use District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

18. 030158 [1250 Haight Street - Zoning Map Change from 40-X to 40-X and 60-X Height and Bulk District] Supervisor Gonzalez
Ordinance amending the Zoning Map of the City and County of San Francisco for change in property height classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from 40-X Height and Bulk District to 60-X Height and Bulk District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.

Question: Shall this Ordinance be FINALLY PASSED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Dufty, Gonzalez

19. 021996 [Voter Information Pamphlet Amendments] Supervisor Gonzalez
Ordinance amending sections 500, 530 and 550 of the San Francisco Municipal Elections Code to require the Director of Elections to publish in the Voter Information Pamphlet: (1) a description of every elector's right to seek a writ of mandate or an injunction requiring any or all of the materials in the Voter Information Pamphlet to be amended or deleted, and (2) a disclaimer at the beginning of each ballot measure argument and rebuttal authorized by the Board of Supervisors explaining which members of the Board of Supervisors endorse, oppose or have taken no position on the measure; and to clarify that when the Board of Supervisors authorizes a member or members of that body to submit a ballot measure argument or rebuttal, it shall do so by motion, and it need not take any further action, including voting on or otherwise approving the actual text of the argument or rebuttal.

3/18/2003, PASSED ON FIRST READING.

Question: Shall this Ordinance be FINALLY PASSED?

20. 030188 [Confirming the re-appointment of Benny Yee to the San Francisco Redevelopment Agency] Mayor
Resolution confirming the re-appointment of Benny Yee to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2006. (Mayor)

3/18/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Resolution be ADOPTED?

21. 030190 [Confirming the re-appointment of Leroy King to the San Francisco Redevelopment Agency] Mayor
Resolution confirming the re-appointment of Leroy King to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2006. (Mayor)

3/18/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Resolution be ADOPTED?

22. 030191 [Confirming the re-appointment of Michael Hardeman to the San Francisco Port Commission] Mayor
Resolution confirming the appointment of Michael Hardeman to the San Francisco Port Commission for a four-year term ending May 1, 2006. (Mayor)

3/18/2003, CONTINUED. Continued to March 25, 2003

Question: Shall this Resolution be ADOPTED?

From the Rules Committee "Without Recommendation"

Present: Supervisors Dufty, Gonzalez

23. 030189 [Confirming the appointment of Ben Hom to the San Francisco Port Commission] Mayor
Resolution confirming the appointment of Ben Hom to the San Francisco Port Commission, for a four-year term ending May 1, 2006. (Mayor)

(Supervisor Hall excused from voting.)

3/18/2003, CONTINUED. Continued to March 25, 2003

3/18/2003, CONTINUED.

Question: Shall this Resolution be ADOPTED?

NEW BUSINESS

Recommendations of the Finance and Audits Committee

Present: Supervisors Peskin, Sandoval, McGoldrick

24. 030301 [Clerical Corrections to Article 10a of the Bus. & Tax Reg. Code] Supervisor Peskin
Ordinance amending Article 10a of the San Francisco Business and Tax Regulations Code by making clerical corrections to Sections 750, 751, 753 and 755.1 and amending Section 10.100-67 of the San Francisco Administrative Code by making clerical corrections to omit text intended to be deleted by Ordinance Number 71-02.

Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 030251 [Settlement Prior to Binding Arbitration]
Ordinance authorizing settlement of a dispute prior to binding arbitration under Section 23 of the Long-Term Power Sales Agreement with Turlock Irrigation District over San Francisco's right to restrict Turlock's ability to schedule monthly capacity factors; Turlock initiated the Section 23 dispute procedure by written notice dated October 10, 2002. (City Attorney)

(No Public Benefit Recipient.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 030267 [Funding for emergency removal and repair of Drydock #1] Supervisor Peskin
Ordinance re-appropriating $1,762,549 of Port surplus capital funding from projects that have been completed, funded by a grant source, or that are low priority to fund contractual obligations for emergency removal and repair of Drydock #1 for the Port or fiscal year 2002-03, allowing for retroactivity.

(Fiscal impact.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

27. 021876 [Real Property Lease Option]
Resolution retroactively authorizing the exercise of an extension option at 875 Stevenson Street for various City departments. (Real Estate Department)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

28. 030243 [Ratify Port Emergency Repair Contract]
Resolution ratifying San Francisco Port Commission emergency contract for recovery and repair of marine vessel known as Drydock #1. (Port)

(Fiscal impact; No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

29. 030300 [Certification to Accompany Application for State Grant for Richmond Library Expansion and Renovation] Mayor
Resolution certifying project budget, local funding, supplemental funding and public library operations pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. (Mayor)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

30. 030395 [Mortgage Credit Certificates] Supervisors Peskin, Sandoval
Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates.

Question: Shall this Resolution be ADOPTED?

Recommendations of the Land Use Committee

Present: Supervisors Maxwell, Ammiano

31. 021885 [Repealing Police Code Section 1159 - Sightseeing Vehicle Stands]
Ordinance repealing Police Code Section 1159, which authorizes the Department of Parking and Traffic to issue to a single entity or person a permit for a sightseeing stand on Powell Street, for the purpose of selling tickets for sightseeing tours and providing sightseeing information. (Parking and Traffic Department)

(No Public Benefit Recipient.)
(Supervisor McGoldrick excused from voting in Committee.)

Question: Shall this Ordinance be PASSED ON FIRST READING?

Present: Supervisors McGoldrick, Maxwell, Ammiano

32. 021912 [Tour buses prohibited on portions of El Camino del Mar and 25th Avenue] Supervisor Newsom
Ordinance amending Police Code Section 1183.31 to prohibit the driving of tour buses on El Camino del Mar between the Presidio and 25th Avenue, and on 25th Avenue between Lake Street and El Camino del Mar.

Question: Shall this Ordinance be PASSED ON FIRST READING?

33. 030207 [2161 Sutter Street - Zoning Map Change]
Ordinance amending the San Francisco Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property described as Assessor's Block 0682, Lot 005, approximately 5,156 square feet in area, from an NC-2 (Small-Scale Neighborhood Commercial) District to an RM-3 (Residential, Mixed, Moderate Density) District and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

(Planning Commission Resolution No. 16514 adopting the proposed Planning Code and Zoning Map amendments on January 23, 2003; Motion No. 16515 approving Conditional Use Application No. 2001.1058C on January 23, 2003; Final Mitigated Negative Declaration adopted and issued on July 12, 2002; No Public Benefit Recipient).

Question: Shall this Ordinance be PASSED ON FIRST READING?

34. 030082 [Accept - Expend TFCA Regional Funds]
Resolution authorizing the Municipal Transportation Agency to Accept and Expend $1,123,364 of Transportation Fund for Clean Air Regional Funds for the three Capital Improvement Projects: the Transit Bus Traffic Signal Prioritization; Transit Bus Replacement: 15 CNG or Hybrid Electric Vehicles; and Bicycle Racks - Installation of Bicycle Racks on 50 Vehicles. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

35. 021884 [Public Access Cable Television]
Resolution renewing designation of the San Francisco Community Television Corporation (SFCTC) as the non-profit responsible for the management and operation of the City's public access cable television channel, Access San Francisco, coterminous with the public access grant awarded to SFCTC by the Department of Telecommunications and Information Services (DTIS) on October 28, 2002. (Telecommunications and Information Services)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

Recommendations of the Rules Committee

Present: Supervisors Hall, Gonzalez

36. 030075 [Requiring regular meetings of subordinate bodies created by the Board of Supervisors] Supervisors Hall, Gonzalez
Motion amending the Board of Supervisors Rules of Order by adding Rule 2.27, to require the Board to include language providing for regular meetings when considering legislation creating subordinate bodies.

Question: Shall this Motion be ADOPTED?

37. 030041 [Dissolving the Hazardous Materials Advisory Committee] Supervisor Hall
Ordinance amending the San Francisco Health Code by repealing Sections 1103 through 1103.2, and amending Section 1103.3, to dissolve the Hazardous Materials Advisory Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

38. 030042 [Dissolving the Skating Advisory Committee] Supervisor Hall
Ordinance amending the San Francisco Administrative Code by repealing Sections 5.210 through 5.212, to dissolve the Skating Advisory Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

39. 030043 [Dissolving the Clean Air Advisory Committee] Supervisor Hall
Ordinance amending the San Francisco Administrative Code by repealing Section 85.4 and by amending Section 85.10, to dissolve the Clean Air Advisory Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

40. 030044 [Dissolving the Video Display Terminal Advisory Committee] Supervisor Hall
Ordinance amending the San Francisco Health Code by repealing Sections 1303 and 1306, to dissolve the Video Display Terminal Advisory Committee.

Question: Shall this Ordinance be PASSED ON FIRST READING?

41. 030049 [Dissolving the Long Term Care Pilot Project Task Force] Supervisor Hall
Resolution repealing Resolutions No. 1024-96 and 187-97, to dissolve the "Long Term Care Pilot Project Task Force."

Question: Shall this Resolution be ADOPTED?

42. 030050 [Dissolving the Abandoned Shopping Cart Task Force] Supervisor Hall
Resolution repealing Resolutions Nos. 357-98 and 847-98, to dissolve the "Abandoned Shopping Cart Task Force."

Question: Shall this Resolution be ADOPTED?

43. 030051 [Dissolving the Sutro Tower Health and Safety Task Force] Supervisor Hall
Resolution repealing Resolution No. 1068-99, to dissolve the "Sutro Tower Health and Safety Task Force."

Question: Shall this Resolution be ADOPTED?

44. 030052 [Dissolving the Pedestrian Safety and Street Resurfacing Working Group] Supervisor Hall
Resolution repealing Resolution No. 564-01, to dissolve the "Pedestrian Safety and Street Resurfacing Working Group."

Question: Shall this Resolution be ADOPTED?

45. 030053 [Dissolving the Mid-Income Housing Solutions Task Force] Supervisor Hall
Resolution repealing Resolution No. 721-01, to dissolve the "Mid-Income Housing Solutions Task Force."

Question: Shall this Resolution be ADOPTED?

46. 030054 [Dissolving the Joint Board of Education/Board of Supervisors Digital Divide Task Force] Supervisor Hall
Resolution repealing Resolution No. 271-00, to dissolve the "Joint Board of Education/Board of Supervisors Digital Divide Task Force."

Question: Shall this Resolution be ADOPTED?

47. 030056 [Dissolving the Airport Noise Committee] Supervisor Hall
Resolution repealing Resolutions No. 580-87 and 62-89, to dissolve the "Airport Noise Committee."

Question: Shall this Resolution be ADOPTED?

48. 030057 [Dissolving the Citizens' Advisory Task Force for the Central Freeway] Supervisor Hall
Resolution repealing Resolutions Nos. 541-92, 1019-94 and 640-95, to dissolve the "Citizens' Advisory Task Force for the Central Freeway."

Question: Shall this Resolution be ADOPTED?

49. 030150 [Dissolve Sustainable Funding for School Arts and Music Task Force] Supervisor Hall
Resolution repealing Resolution Nos. 1127-99 and 175-00, to dissolve the "Sustainable Funding for School Arts and Music Task Force."

Question: Shall this Resolution be ADOPTED?

SPECIAL ORDER 3:00 P.M.

50. 030376 [Public Hearing - Appeal, Negative Declaration for 40-50 Lansing Street]
Hearing of persons interested in or objecting to the Planning Commission certification of Final Mitigated Negative Declaration, File No. 2002.0446E, for a proposed 81 unit Residential Building located at 40-50 Lansing Street (aka 35 Guy Street), Block 3749, Lot 11, in San Francisco. (Clerk of the Board)

(Appeal filed February 21, 2003; Publication of Preliminary Mitigated Negative Declaration: October 19, 2002; Amended Mitigated Negative Declaration: December 30, 2002; Final Mitigated Negative Declaration adopted and issued on February 20, 2003; Planning Commission Motion No. 16530 affirming the decision to issue a Mitigated Negative Declaration dated February 20, 2003; companion measure to Files 030373, 030374, 030375; General Public Hearing Notice mailed March 12, 2003; District 6.)

Action:___________________________

Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

From the Clerk

(Only one of the following two motions should be adopted.)

51. 030373 [Affirm adoption of the negative declaration for 40-50 Lansing Street]
Motion affirming the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

52. 030374 [Reversing adoption of the negative declaration for 40-50 Lansing Street]
Motion reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

53. 030375 [Preparation of findings to reverse adoption of the negative declaration for 40-50 Lansing Street]
Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission adoption of the negative declaration for 40-50 Lansing Street. (Clerk of the Board)

Question: Shall this Motion be ADOPTED?

COMMITTEE REPORTS

Reports from committees, if any, recommending emergency or urgent measures.

The following item will be considered by the Land Use Committee at a Regular Meeting on Monday, March 24, 2003 at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report.

From Land Use Committee

54. 030394 [Accept-Expend Regional Grant - Department of the Environment]
Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $440,984 from the Bay Area Air Quality Management District for retrofitting six heavy-duty vehicles to Liquid Natural Gas. (Environment)

(Public Benefit Recipient.)

Question: Shall this Resolution be ADOPTED?

55. ROLL CALL FOR INTRODUCTIONS

Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

56. PUBLIC COMMENT

An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Defendant

57. 030408 [Closed Session - Existing Litigation - City as Defendant]
Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation in which the plaintiffs, various businesses, are, in sum, challenging the constitutionality of the City's business taxing system. These plaintiffs are also seeking reimbursement of tax payments made to the City.

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuits listed below.

1. Macy's West, Inc.; Federated Western Properties, Inc. (successor in interest to Broadway Stores, Inc., dba Macy's); Federated Systems Group, Inc.; Macy's.com, Inc. v. City and County of San Francisco.
S. F. Superior Court No. 313-930 (filed July 27, 2000)

2. All Star Consulting, Inc.; Brown & Toland Physician Services Organization; Clark Construction Group, Inc.; Goodby, Silverstein & Partners, Inc.; Hunt Construction Group, Inc.; I Gate Capital/Chen & McGinley; Jessica McClintock, Inc.; Lehman Brothers, Inc.; Macromedia, Inc.; Preferred Trade, Inc.; S&C Motors, Inc.; and Walker Interactive Systems, Inc. v. City and County of San Francisco.
S. F. Superior Court No. 403-250 (filed January 9, 2002)

3. CNET Networks, Inc. v. City and County of San Francisco.
S. F. Superior Court No. 409-891 (filed July 5, 2002)

4. Freeman Decorating, Co. (an Iowa Corp.) and TFC Management, Inc. (a Texas Corp.) v. City and County of San Francisco.
S. F. Superior Court No. 320-869 (filed April 27, 2001)

5. Heller Ehrman White & McAuliffe LLP and Heller Ehrman White & McAuliffe, Inc. v. City and County of San Francisco.
S. F. Superior Court No. 321-383 (filed May 16, 2001)

6. Matson Intermodal Systems, Inc.; Matson Navigation Company, Inc.; Matson Logistics Solutions, Inc.; Plant Construction Company; Plant Construction Company, LP; Rite Aid Corp.; Thrifty Payless, Inc.; and NRT, Inc. v. City and County of San Francisco.
S. F. Superior Court No. 406-452 (filed April 8, 2002)

7. GMAC Commercial Mortgage Corp. v. City and County of San Francisco.
S. F. Superior Court No. 405064 (filed February 28, 2002) (City Attorney)

Action: _____________________________________________

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Plaintiff

58. 030469 [Closed Session - Existing Litigation - City as Plaintiff] Supervisor Dufty
Motion that the Board of Supervisors convene in closed session with the City Attorney and the Mayor for the purpose of conferring with, or receiving advice from, the City Attorney regarding the legal ramifications of mechanisms for funding the following litigation filed by the City and County of San Francisco. The litigation involves allegations of fraudulent practices on the part of City contractors involved in building the new international terminal at San Francisco International Airport.

City and County of San Francisco, et al. v. Tutor-Saliba Corporation, et al.
U.S. District Court No. C 02 5286 filed 11/1/02

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending litigation listed above.
(Supervisor Dufty)

Action: _____________________________________________

After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

[Elect To Disclose]
Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee.

Items 59 through 73

59. 030421 [Special Joint Meeting - Board of Supervisors and State Assemblyman Mark Leno] Supervisor Maxwell
Motion setting a joint meeting of the Board of Supervisors and State Assemblyman Mark Leno to be held in the Legislative Chamber at City Hall on May 9, 2003, from 1:00 P.M. to 3:00 P.M.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

60. 030417 [Hunters Point Shipyard Development Authority] Supervisors Maxwell, Dufty, Newsom
Resolution urging the California Legislature to enact the Hunters Point Shipyard Development Authority Act of 2003.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

61. 030434 [Commend Senior Survival School's 10th Anniversary] Supervisor Ma
Resolution commending Senior Survival School on the occasion of its 10th Anniversary.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

62. 030435 [Extend Planning Commission Review Period] Supervisor Maxwell
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend Section Maps 8 and 8SU of the Zoning Map of the City and County of San Francisco for the property described as Assessor's Block 3978, Lot 1 (bounded by Rhode Island Street, 17th Street, Kansas Street and Mariposa Street) from M-1 (Light Industrial) to NC-3 (Moderate-Scale Neighborhood Commercial District) and the 17th Street and Rhode Island Grocery Store Special Use Subdistrict and a companion ordinance to amend the Planning Code by adding Section 781.10 to create the 17th and Rhode Island Grocery Store Special Use Subdistrict.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

63. 030436 [Proclaim March 2003 Social Worker Month in SF] Supervisors Maxwell, Dufty
Resolution commending the recognition of National Professional Social Worker Month and proclaiming March 2003 as Social Worker Month in San Francisco.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

64. 030437 [Endorsing H.R. 40, African-American Reparations Act] Supervisors Maxwell, Dufty, Ammiano, Gonzalez, Sandoval, Peskin, Ma
Resolution endorsing House of Representative Resolution 40 (H.R.), Congressman John Conyer's African-American Reparations Act.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

65. 030438 [Assembly Bill 196] Supervisor Dufty
Resolution urging passage of AB 196.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

66. 030439 [Extend Juvenile Justice Advisory Committee] Supervisor Gonzalez
Resolution extending the Juvenile Justice Advisory Committee's term of operation for an additional three months.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

67. 030440 [Proposition N Implementation Plans] Supervisor McGoldrick
Motion directing the Office of Budget Analyst of the Board of Supervisors to anlyze information submitted by the Director of Human Services and/or the Mayor's Office related to plans for implementation of Proposition N, enacted by the voters in November 2002, by July 1, 2003.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

68. 030441 [Commend Laborers' International Union of North America] Supervisors Sandoval, McGoldrick
Resolution commending the Laborers' International Union of North America (LIUNA) for celebrating 100 years of bringing social justice to the American worker.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

69. 030442 [Commend PUC and OMI/Excelsior Beacon Center] Supervisor Sandoval
Resolution commending the Public Utilities Commission and the OMI/Excelsior Beacon Center for helping San Francisco residents reduce their water bills by selling high quality, 1.6 Gallons Per Flush Toilets for only $10 on Saturday, April 5 from 8:00 a.m. to 1 p.m. at the Crocker-Amazon Park, Moscow and Geneva.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

70. 030443 [Senate Bill 333 - Elder Justice Act] Supervisor Sandoval
Resolution urging the 108th Congress to pass SB 333: Elder Justice Act to provide coordination of differing federal, state, and local elder abuse programs to better protect and serve our seniors.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

71. 030444 [Urge FCC Commissioners to attend a public hearing in SF in April 2003] Supervisor Sandoval
Resolution urging the Commissioners of the Federal Communication Commission and Congress members from the Bay Area to attend a public hearing in San Francisco this spring to gather public input on the upcoming changes in rules regarding media ownership by large corporations.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Resolution be ADOPTED?

72. 030406 [Final Map for a 9 Unit Mixed Use Condominium Project]
Motion approving Final Map of 363 Valencia Street, a Mixed Use Condominium Project, being a subdivision of Lot 11 Assessor's Block No. 3547, and adopting findings pursuant to Planning Code Section 101.1. (Public Works Department)

(No Public Benefit Recipient; DPW Order No. 174,013; District 9.)

3/14/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

73. 030414 [Needle Exchange Emergency] Supervisors Ammiano, Newsom, Daly, Peskin, McGoldrick, Maxwell, Dufty
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program.

3/18/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Question: Shall this Motion be ADOPTED?

Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

74. IMPERATIVE AGENDA

Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

PROPOSED ORDINANCES

Proposed ordinances received from March 11, 2003 through March 17, 2003, for reference by President to appropriate committee on March 25, 2003.
None.

PROPOSED RESOLUTIONS

Proposed resolutions received from March 11, 2003 through March 17, 2003, for reference by President to appropriate committee on March 25, 2003.

030396 [Accept/Expend Federal Funding - McKinney 2002 Continuum of Care Homeless Assistance Programs]
Resolution authorizing the Department of Human Services to accept and expend a grant in the amount of $1,916,317 from the U.S. Department of Housing and Urban Development for the McKinney Continuum of Care Homeless Assistance Programs. (Human Services Department)

3/11/2003, RECEIVED AND ASSIGNED to Land Use Committee.

030397 [Accept-Expend State Grant - Supportive Housing Initiative Act]
Resolution authorizing the Department of Human Services to retroactively accept and expend a grant in the amount of $708,761 from the California Department Of Mental Health Supportive Housing Initiative Act for supportive housing targeting adults with disabilities. (Human Services Department)

(No Public Benefit Recipient.)

3/11/2003, RECEIVED AND ASSIGNED to Land Use Committee.

030398 [Lease of Real Property]
Resolution approving and authorizing a lease between the City and County of San Francisco, as lessee, and Mannar Investment Company, a California Limited Partnership, as lessor, of warehouse space at 2348 Jerrold Avenue, San Francisco. (Real Estate Department)

(Public Benefit Recipient; District 10.)

3/11/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030400 [Approval of Lease Amendment for Waterfront Restaurant]
Resolution approving Fourth Lease Amendment to Port Lease No. L-11859 between the Port Commission and Bundox Restaurant, Inc., a California corporation ("Tenant") for the lease of real property commonly known as the Waterfront Restaurant. (Port)

(Public Benefit Recipient.)

3/12/2003, RECEIVED AND ASSIGNED to Land Use Committee.

030404 [Modification to the Professional Service Agreement for North & South International Parking Garages, Concourse H/Airport BART Station and Rental Car Facility]
Resolution approving Modification No. 3, the Close-out Modification, of Professional Services Agreement for Contract No. 5600AE - North & South Int'l Parking Garages, Concourse H/Airport BART Station and Rental Car Facility with ED2 Int'l/MBT Architecture Joint Venture Architects in the amount of $1,236,926, for a new total contract amount of $23,469,626. (Airport Commission)

(No Public Benefit Recipient.)

3/14/2003, RECEIVED AND ASSIGNED to Finance and Audits Committee.

030405 [Accept-Expend Grant for Sunol Valley Fluoridation Facility]
Resolution authorizing the Public Utilities Commission to accept and expend a grant in the amount of $250,000 from the California Dental Association Foundation, Inc. for the design and construction of the Sunol Valley Fluoridation Facility. (Public Utilities Commission)

(No Public Benefit Recipient.)

3/12/2003, RECEIVED AND ASSIGNED to City Services Committee.

030407 [Expand behavioral health services system of care for children and youth in San Francisco]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $1,000,000 for the first year of a six year grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) to establish a comprehensive system of behavioral health services to children and youth in San Francisco and to enter into an agreement for the use of these funds; for the period of September 30, 2002 to September 29, 2003. (Public Health Department)

(Public Benefit Recipient.)

3/17/2003, RECEIVED AND ASSIGNED to City Services Committee.

030409 [Grants Federal Funds - Municipal Railway]
Resolution authorizing the Municipal Transportation Agency to accept and expend $3,960,116 of federal earmarked capital assistance for MUNI's Particulate Matter Traps Procurement and Natural Gas Facility Rehabilitation Project. (Municipal Transportation Agency)

(No Public Benefit Recipient.)

3/17/2003, RECEIVED AND ASSIGNED to Land Use Committee.

030473 [Petitions and Communications]
Petitions and Communications received from March 11, 2003 through March 17, 2003, for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on March 25, 2003.

From Office of the Controller, submitting annual report for the Parking Authority and San Francisco Finance Corporation for fiscal year ended June 30, 2002. (1)

From various signators, submitting Form 700 Statement of Economic Interests: (2)
Tina Tom
Adele Destro

From Stephen Weatherley, suggesting Hovercraft service between San Francisco and Oakland Airports as an alternative way of transportation.(3)

From L. Myers Company, submitting support for proposed ordinance amending the Zoning Map to indicate the Dogpatch Historic District, the location and boundaries of which are generally between Indiana and Third Streets, odd and even addresses, from 18th to Tubbs Street.File 030203(4)

From Office of the Mayor, submitting appointments to ABAG's Executive Board.(5)

From Department of Human Services, concerning updated report regarding support of social workers in schools in California and across the country. (Reference No. 20030225-011) Copy: Supervisor Ammiano(6)

From American Civil Liberties Union Foundation (ACLU), submitting report on the breakdown in accountability mechanisms within the Police Department and proposals for reforms. Copy: Each Supervisor(7)

From District 11 Council, submitting opposition to any attempt to close Balboa Swimming Pool.(8)

From Mae C. Woo, submitting invitation to her re-appointment by Governor Davis to GO SERV, the Governor's Office on Service and Volunteerism, at the Chinese American Citizens Alliance, located at 1044 Stockton Street, on April 18 at 6:00 p.m.(9)

From Department of Public Health, regarding status of its Air Medical Access Needs Assessment and Feasibility Study. (Reference No. 20030211-011) Copy: Supervisor Newsom(10)

From concerned citizens, submitting opposition to the nomination of Ben Hom to the Port Commission. File 030189(11)

From SF Unified School District, submitting resolution urging the Police Commission to initiate an investigation into police action at Thurgood Marshall Academic High School. Copy: Each Supervisor(12)

From concerned citizens, regarding the San Francisco Marina Renovation. File 030133, Copy: Each Supervisor(13)

From District 11 Council, submitting appointment of Martin Kutchen to the Urban Forestry Council. Copy: Rules Committee(14)

From Department of the Environment, submitting list of Sole Source Contracts for fiscal year 2001/02.(15)

From Stephen Moses, submitting opposition to the appointment of Alex Fagan as Acting Chief of the Police Department while his son is under investigation.(16)

From concerned citizens, commenting on the proposed increase in parking fines in San Francisco.(17)

From Teresa Cooper, regarding City Plan 1, one of the health plan choices for City and County of San Francisco employees.Copy: Budget Committee(18)

From City Hub Neighborhood Alliance, concerning Planning Commission hearing regarding Market and Octavia Streets Neighborhood Draft Plan on March 20, 2003, at City Hall, Room 400. Copy: Supervisor Dufty(19)

From Planning Commission, regarding landmark designation of the Laguna Honda Muni Station and Municipal Railway Car No. 1. Files 030142 and 020262(20)

From Juvenile Probation Department, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States. (Reference No. 20030113-033) Copy: Supervisor McGoldrick(21)

From Regional Alliance for Transit, submitting support for the redevelopment of the Transbay Terminal as Northern California's premier transportation hub.Copy: Each Supervisor(22)

From Planning Department, submitting notice of availability of Environmental Review Document for the California Academy of Sciences at the Planning Department at 1660 Mission Street, Suite 500.(23)

From concerned citizens, urging the Board of Supervisors to override the Mayor's veto regarding the Tutor-Saliba airport construction lawsuit. File 030132(24)

From Delores McGray, submitting support for the Mayor's veto of the Tutor-Saliba airport construction lawsuit. File 030132(25)

From concerned citizens, urging the Board to ensure the implementation of Proposition A, Instant Runoff voting passed by the voters on March 5, 2002. Copy: Elections(26)

From Charlie Richards, regarding overtime pay for MUNI bus drivers. Copy: Each Supervisor(27)

From Office of the Controller, Audits Division, concerning the audit of the department head transition at the Office of the Public Defender.(28)

From Department of Aging and Adult Services, submitting Resolution # 2003-03, urging the Board of Supervisors and Mayor Brown to support the Elder Justice Coalition. Copy: Each Supervisor(29)

From Employees' Retirement System, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States. (Reference No. 20030113-061) Copy: Supervisor McGoldrick(30)

From Department of Public Works, submitting copy of letter sent to constituent denying his application for the installation of a dry standpipe on Campton Place.(31)

From Nancy Cavanaugh, submitting request that the Board of Supervisors and or Mayor proclaim May 1, 2003 as Avner Lapovsky Day in San Francisco. Copy: Each Supervisor, Mayor(32)

From US Army Corps of Engineers, submitting public notice of a new policy regarding the use of mitigation banks for projects occurring on the Santa Rosa Plain in Sonoma County. (33)

From concerned citizens, submitting opposition to any cuts in funding for seniors and persons with disabilities living in San Francisco.(34)

From Department on the Status of Women, submitting notice that the department has not received any inquiries by any agency of the state or federal government requesting information about any person identified as an immigrant to the United States. (Reference No. 20030113-062) Copy: Supervisor McGoldrick(35)

From San Francisco Tomorrow, submitting copy of letter sent to Congresswoman Pelosi urging her to make sure that Transbay Terminal rebuilding is given the very highest priority in the Transportation Equity Act (TEA 3).(36)

From Bruce Ross Bernor, commenting on current bidding practices for the City's towing contract.(37)

From BREATH (The California smoke-free bars, workplaces and communities program), submitting BREATH'S latest informational packet on Outdoor Tobacco Smoke Policies and Ordinances.(38)

MAYOR'S APPOINTMENTS

Commission on the Status of Women
Carolene Marks

Juvenile Probation Commission
Sean Connolly

ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber.
Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.
Agenda are available on the internet at www.sfgov.org/bdsupvrs.bos.htm.
THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK.
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293.
Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555.
Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704.
AVISO EN ESPA�OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability access

The Legislative Chamber of the Board of Supervisors is in Room 250 of City Hall, 1 Dr. Carlton B. Goodlett Place. The Chamber is wheelchair accessible.
The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 923-6142.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex.
All meetings are real-time captioned and are cablecast open-captioned on SF Cable 26.
The following services are available when requests are made by 4:00 p.m. of the Friday before the Board meeting. This advance notice will help ensure availability.
� For American Sign Language interpreters or use of a reader during a meeting, contact Ohn Myint at (415) 554-7704.
� For a large print copy of agenda or minutes in alternative formats, contact Annette Lonich at (415) 554-7706.
Assistive listening devices are available from the receptionist in the Clerk of the Board's Office, Room 244, prior to the meeting.
The Clerk of the Board's Office TTY number is (415) 554-5227.
In order to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at Donna.Hall@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics

Return to Full Board Agendas

	COMMUNICATIONS


	Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report 4) Department or Agency cover letter and/or report 5) Public correspondence These items will be available for review at City Hall, Room 244, Reception Desk.

	CONSENT AGENDA


	All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

	Recommendations of the Rules Committee


		Present: Supervisors Hall, Gonzalez


1.	030249	[Settlement of Lawsuit - Paul T. Hare]
		Ordinance authorizing settlement of the lawsuit filed by Paul T. Hare against the City and County of San Francisco for $125,000.00; the lawsuit was filed on January 28, 2002 in San Francisco Superior Court, Case No. 403-930; entitled Paul T. Hare v. City and County of San Francisco. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


2.	030323	[Settlement of Lawsuit - Stephen Sofos]
		Ordinance authorizing settlement of the lawsuit filed by Stephen Sofos against the City and County of San Francisco for $55,000; the lawsuit was filed on December 20, 2001 in San Francisco Superior Court, Case No. C-01-402658 entitled Stephen Sofos v. City and County of San Francisco, Terry Webster, James Sandridge, Jimmy Parrish, Horace Landers, Juvenal Villareal, et al. (City Attorney)

		(Public Benefit Recipient.)

		Question: Shall this Ordinance be PASSED ON FIRST READING?


3.	030257	[Appointment]
		Resolution appointing Larry Costello, Bonnie Fisher, Carolyn Blair, Milton Marks III, Michael Sullivan, Juan Carrasco, and Diana Cohen terms ending April 5, 2005 to the Urban Forestry Council.

		Larry Costello, new appointment, seat 1, must be a representative of the University of California Cooperative Extension or a representative of another educational organization involved with tree management, for a two-year term ending April 5, 2005; Bonnie Fisher, new appointment, seat 2, must be a representative of the tree management profession, for a two-year term ending April 5, 2005; Carolyn Blair, new appointment, seat 3, must be a representative of non-profit organizations involved in urban forestry or other environmentally-related issues, for a two-year term ending April 5, 2005; Milton Marks III, new appointment, seat 4, must be a representative of non-profit organizations involved in urban forestry or other environmentally-related issues, for a two-year term ending April 5, 2005; Michael Sullivan, new appointment, seat 6, must be a representative of the community, for a two-year term ending April 5, 2005; Juan Carrasco, new appointment, seat 7, must be a representative of the community, for a two-year term ending April 5, 2005; Diana Cohen, new appointment, seat 8, must be a representative of the community, for a two-year term ending April 5, 2005.

		Question: Shall this Resolution be ADOPTED?

		Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________

	Vetoed by the Mayor
		Consideration of Mayor's Veto Consideration to override veto pursuant to Charter Section 2.106 of Ordinance appropriating funding for the investigation and litigation of Tutor-Saliba Construction (File 030132). NOTE: This action requires two-thirds vote. The Board may not amend the ordinance and may only vote in favor or opposition to the veto override.


4.	030132	[Funding for the investigation and litigation against Tutor-Saliba Construction]	Supervisors Peskin, Daly, Ammiano, Gonzalez, McGoldrick, Maxwell
		Ordinance appropriating, retroactive to July 1, 2002, $2,500,000 of Airport fund balance for investigation and litigation expense by the City Attorney against Tutor-Saliba Construction for fiscal year 2002-03.

		(Fiscal impact.)
		2/18/2003, PASSED ON FIRST READING. Supervisors Ammiano, Gonzalez, McGoldrick and Maxwell requested to be added as co-sponsors.

		2/25/2003, FINALLY PASSED.


		Action:___________________________


5.	030254	[Appeal, Conditional Use - 1193 Oak Street]
		Motion approving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


		3/4/2003, CONTINUED. Continued to March 25, 2003


		Question: Shall this Motion be ADOPTED?


6.	030255	[Appeal, Conditional Use - 1193 Oak Street]
		Motion disapproving decision of the Planning Commission by its Motion No. 16504, approving Conditional Use Application No. 2002.1007C, on property located at 1193 Oak Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board)


		3/4/2003, CONTINUED. Continued to March 25, 2003


		Question: Shall this Motion be ADOPTED?


7.	030256	[Findings - 1193 Oak Street]
		Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2002.1007C, on property located 1193 Oak Street, for action by the Board at its next meeting. (Clerk of the Board)


		3/4/2003, CONTINUED. Continued to March 25, 2003


		Question: Shall this Motion be ADOPTED?

	Recommendation of the Budget Committee


		Present: Supervisors Daly, Peskin, Gonzalez


8.	030095	[Recreation and Parks -- Fees]	Mayor
		Ordinance making environmental findings and amending the San Francisco Park Code by amending Sections 7.16 and 7.18 to require a cleaning deposit and reimbursement for costs for the use of park facilities; amending Sections 12.05, 12.07, 12.20, and adding Sections 12.21, 12.22, 12.23, 12.24, 12.25, 12.26, 12.27 to increase the fees charged for the use of Recreation and Park facilities for weddings, events, picnics, photography and filming, encroachment, for parking on the Golden Gate Park Concourse and for classes at the Sharon Arts Studio; and adding Section 12.28 authorizing the Recreation and Park Commission to develop policies and procedures to allow the General Manager to reduce or waive fees in the case of demonstrated financial hardship. (Mayor)


		3/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Finance and Audits Committee


		Present: Supervisors Peskin, Sandoval, McGoldrick


9.	021997	[Authorizing the transfer of Institutional Police from the Department of Public Health to the Sheriff]	Supervisors Peskin, Dufty, Ma, Newsom, Gonzalez, Maxwell
		Ordinance amending the Administrative Code by adding a new Section 1.59 to authorize the transfer of the Institutional Police Department from the Department of Public Health to the Sheriff.

		(Fiscal impact.)
		3/18/2003, PASSED ON FIRST READING. Supervisors Gonzalez and Maxwell requested to be added as co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?


10.	030224	[Appropriation - Assessor-Recorder's Office]	Supervisors Dufty, Gonzalez
		Ordinance appropriating $349,671 in surplus recording fees and re-appropriating $194,128 in equipment, materials and supplies and professional services for a total of $543,799 to cover shortfalls in salaries and services of other departments and for temporary salaries and fringes to address the backlog of deed processing, appraisals, permits, appeals in the Assessor-Recorder's Office for fiscal year 2002-03, placing $40,790 on reserve by the Finance and Audit Committee.

		(Fiscal impact; No Public Benefit Recipient.)
		3/18/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Gonzalez requested to be added as a co-sponsor.

		3/18/2003, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Land Use Committee


		Present: Supervisors McGoldrick, Maxwell, Ammiano


11.	021772	[Conditional Use Revocation]	Supervisors Gonzalez, Dufty, Hall, Peskin, Ma, McGoldrick
		Ordinance amending the San Francisco Planning Code by amending Section 303 to provide for the revocation of a conditional use authorization upon a finding that the applicant provided false information in obtaining the conditional use; adopting findings under Planning Code Section 302.


		3/18/2003, PASSED ON FIRST READING. Supervisors Dufty, Hall, Peskin, Ma and McGoldrick requested to be added as a co-sponsors.


		Question: Shall this Ordinance be FINALLY PASSED?


12.	030081	[Parking Regulations, Blanken Avenue]	Supervisor Gonzalez
		Ordinance deleting Section 28.5.5 of the San Francisco Traffic Code restricting certain vehicles over 6,000 pounds on Blanken Avenue between Bayshore Boulevard and Tunnel Avenue. (Parking and Traffic Department)


		3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


13.	030097	[Designate the 1338 Filbert Street Cottages as a Landmark]	Supervisors Peskin, Daly, Ammiano, Gonzalez, Sandoval, McGoldrick, Hall, Maxwell
		Ordinance amending Planning Code Article 10 to designate the 1338 Filbert Street Cottages, Lots 31, 32, 33 and 34 in Assessor's Block 524, as Landmark No. 232.


		3/4/2003, PASSED ON FIRST READING.

		3/18/2003, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

		3/18/2003, PASSED ON FIRST READING AS AMENDED.


		Question: Shall this Ordinance be FINALLY PASSED?


14.	030099	[Extending annual condominium conversion limitation]	Supervisors McGoldrick, Hall
		Ordinance amending the San Francisco Subdivision Code Article 9, Section 1396 to extend the annual condominium conversion limitation for two additional years and providing for the conversion of specified buildings where a property owner submitted a subdivision application on or before January 21, 2003.

		2/4/03 in Board: Supervisor McGoldrick submitted a substitute ordinance bearing new title.
		3/18/2003, PASSED ON FIRST READING. Supervisor Hall requested to be added as a co-sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


15.	030155	[1250 Haight Street - Special Use District to create Haight Street Senior Affordable Housing]	Supervisor Gonzalez
		Ordinance amending the San Francisco Planning Code by adding Section 249.23 to create a Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)

		(Companion measure to Files 030155, 030156, 030157, 030158; Planning Resolution Nos. 16500 and 16501 adopting all four proposed Planning Code and Zoning Map amendments (Reclassification Application No. 2002.0451CTZ on December 19, 2002; Motion No. 16502 approving Conditional Use Application No. 2002.0451CTZ on December 19, 2002; Certificate of Determination/Exclusion from CEQA Environmental Review dated September 10, 2002; No Public Benefit Recipient.) (2/18/03 in Board: Supervisor Gonzalez submitted a substitute ordinance bearing same title.)
		2/18/2003, SUBSTITUTED. Supervisor Gonzalez submitted a substitute ordinance bearing new title.

		3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


16.	030156	[1250 Haight Street - Special Use District to create Special Height Exception for the Haight Street Senior Affordable Housing]	Supervisor Gonzalez
		Ordinance amending the San Francisco Planning Code by adding Section 263.16 to create a special height control for the Haight Street Senior Affordable Housing Special Use District of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)


		3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


17.	030157	[1250 Haight Street - Zoning Map Change from RM-1 to RM-1 and Haight Street Senior Affordable Housing SUD]	Supervisor Gonzalez
		Ordinance amending the Zoning Map of the City and County of San Francisco for change in property use classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from an RM-1 (Residential, Mixed, Low Density) District to an RM-1 (Residential, Mixed, Low Density) District and the Haight Street Senior Affordable Housing Special Use District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)


		3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?


18.	030158	[1250 Haight Street - Zoning Map Change from 40-X to 40-X and 60-X Height and Bulk District]	Supervisor Gonzalez
		Ordinance amending the Zoning Map of the City and County of San Francisco for change in property height classification of a property described as Assessor's Block 1234, Lots 11 and 14, located at 1250 Haight Street, on the north side, between Lyon Street and Central Avenue, from 40-X Height and Bulk District to 60-X Height and Bulk District; and adopting findings pursuant to Planning Code Section 101.1. (Planning Department)


		3/18/2003, PASSED ON FIRST READING. Supervisor Gonzalez requested to be added as sponsor.


		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules Committee


		Present: Supervisors Hall, Dufty, Gonzalez


19.	021996	[Voter Information Pamphlet Amendments]	Supervisor Gonzalez
		Ordinance amending sections 500, 530 and 550 of the San Francisco Municipal Elections Code to require the Director of Elections to publish in the Voter Information Pamphlet: (1) a description of every elector's right to seek a writ of mandate or an injunction requiring any or all of the materials in the Voter Information Pamphlet to be amended or deleted, and (2) a disclaimer at the beginning of each ballot measure argument and rebuttal authorized by the Board of Supervisors explaining which members of the Board of Supervisors endorse, oppose or have taken no position on the measure; and to clarify that when the Board of Supervisors authorizes a member or members of that body to submit a ballot measure argument or rebuttal, it shall do so by motion, and it need not take any further action, including voting on or otherwise approving the actual text of the argument or rebuttal.


		3/18/2003, PASSED ON FIRST READING.


		Question: Shall this Ordinance be FINALLY PASSED?


20.	030188	[Confirming the re-appointment of Benny Yee to the San Francisco Redevelopment Agency]	Mayor
		Resolution confirming the re-appointment of Benny Yee to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2006. (Mayor)


		3/18/2003, CONTINUED. Continued to March 25, 2003


		Question: Shall this Resolution be ADOPTED?


21.	030190	[Confirming the re-appointment of Leroy King to the San Francisco Redevelopment Agency]	Mayor
		Resolution confirming the re-appointment of Leroy King to the San Francisco Redevelopment Agency for a four-year term ending September 3, 2006. (Mayor)


		3/18/2003, CONTINUED. Continued to March 25, 2003


		Question: Shall this Resolution be ADOPTED?